Keith Mack
The United States Constitution establishes government power and responsibility, and it forms the basis for federal law. Federal law is created at the national level and applies to the entire nation, including all 50 states, the District of Columbia, and US territories. While each state has its own system of laws and courts, the Supreme Court has the power to judge whether federal, state, and local governments are acting within the law, and it can even decide if the president's actions are unconstitutional. In cases where state and federal laws are in conflict, the federal law prevails, as seen in cases like Gibbons v. Ogden, where New York state legislation was voided due to conflicting federal law. However, if a state law provides more rights or imposes more responsibilities on its residents than federal law, the state law prevails within that state. This dynamic between federal and state laws creates a complex legal landscape in the United States, where both levels of government regulate and protect citizens' rights in various areas.
| Characteristics | Values |
|---|---|
| Nature of state and federal laws | State laws are created at the state level and apply to specific states, commonwealths, and territories. Federal laws are created at the national level and apply to the entire nation. |
| Basis of state and federal laws | State laws are based on the individual state's constitution and legal system. Federal laws are based on the U.S. Constitution, which establishes government power and responsibility. |
| Supremacy | In cases of explicit conflict between state and federal laws, federal law prevails as per the Supremacy Clause. |
| Dual Sovereignty | The Federal Government and the states are considered separate sovereigns, each with their own sphere of authority. |
| State Sovereignty | The Constitution protects state sovereignty to safeguard the rights of individuals, and Congress cannot enlarge its powers beyond what is enumerated in the Constitution. |
| State and Federal Court Systems | Each state has its own court system, and there is also a federal court system. The Supreme Court is the highest authority, with the power to judge the actions of federal, state, and local governments. |
| State and Federal Anti-Discrimination Laws | Both state and federal governments have anti-discrimination laws, but federal laws provide a baseline of protection for all citizens, regardless of state-level laws. |
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What You'll Learn
Supremacy Clause
The Supremacy Clause is a significant structural provision of the US Constitution, which establishes the supremacy of the Constitution and federal laws over state laws. It states:
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Supremacy Clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a provision declaring federal law as superior to state law. This led to situations during the Confederation era where federal statutes did not bind state courts unless there was state legislation implementing them. The Supremacy Clause was not a major point of contention at the Constitutional Convention but did generate controversy during debates over the Constitution's ratification.
The Supremacy Clause has been interpreted to mean that the Constitution and federal laws take precedence over any conflicting state laws. This interpretation reinforces the division of powers between the federal and state governments. The Supreme Court has applied the Supremacy Clause in cases of federal preemption, where federal law can expressly or impliedly preempt state law. Express preemption occurs when federal law explicitly states its intent to preempt state law, while implied preemption occurs when that intent is inferred from the structure and purpose of the federal law.
The Supremacy Clause also contains explicit references to "judicial review," the idea that even duly enacted statutes do not apply if they are found to be unconstitutional. This clause establishes that the Constitution binds judges in every state, regardless of any contrary state laws. Additionally, the Supremacy Clause sets a precedent for treaties, which can directly establish rules of decision for American courts, unlike the traditional British rule.
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Dual sovereignty
The dual sovereignty doctrine in the United States recognises that state and federal governments derive power from different sources, and as such, are capable of dealing with the same subject matter within the same territory. This means that state and federal laws can regulate the same area.
The dual sovereignty doctrine was first applied in United States v. Lanza (1922), where the federal government convicted an individual following a conviction for the same crime by a state court. The Lanza Court stated:
> "We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject matter within the same territory. Each government in determining what shall be an offence against its peace and dignity is exercising its own sovereignty, not that of the other."
The dual sovereignty doctrine was further justified by historical understandings of the Double Jeopardy Clause. The Clause prohibits dual prosecution for the same "offence", and at the time the Constitution was written, an "offence" was defined as a violation of a particular law. Therefore, in the Court's view, two sovereigns will have two different laws, meaning that violations of those laws will be two different offences.
The Supreme Court has emphasised the source of the authority defining the offence, as opposed to the body carrying out the prosecution, when determining the dual sovereignty doctrine's applicability. For example, in Puerto Rico v. Sanchez Valle (2016), the Supreme Court held that separate prosecutions of an individual by the United States and Puerto Rico for the same underlying conduct violated the Double Jeopardy Clause because the two governments are not "separate sovereigns". The Court concluded that the "original source" of Puerto Rico's authority to prosecute crimes was Congress, specifically a federal statute authorising the people of Puerto Rico to draft their own constitution.
In another case, Heath v. Alabama (1985), the Supreme Court established the precedent for multiple states to pursue consecutive prosecutions against an individual for the same crime when the offence occurs within multiple states' jurisdictions. The decision in the case was guided by the dual sovereignty doctrine and argued that a state's sovereignty allows it to pursue independent prosecutions.
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State sovereignty
The United States Constitution and relevant case law define the lines of authority between states and the federal government. The Tenth Amendment, for example, reserves certain powers for the states, while the Eleventh Amendment limits Congress's authority to waive a state's sovereign immunity. The Supreme Court has also expanded the concept of state sovereign immunity to prohibit citizens from bringing suits against states under federal law.
The powers of the federal government are limited to those enumerated in the Constitution, but these have been interpreted broadly, often overlapping with state authority. For instance, the federal government's power to regulate commerce with foreign nations and among the various states has been used as a basis for a significant portion of laws passed by Congress in the last 50 years.
In conclusion, state sovereignty in the United States refers to the powers and authority held by individual states, as distinct from the federal government, and defined by the Constitution and case law. While there is significant overlap between state and federal authority, certain limitations exist to protect the integrity and functioning of the states.
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Federalism
In the context of the United States, federalism refers to the division and sharing of power between the national and state governments. The Constitution embodies this concept, with the Framers seeking to establish a unified national government with limited powers while maintaining a sphere of autonomy for state governments to exercise a general police power. The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. This is further illustrated by the Supremacy Clause, which establishes federal law as supreme over state law in cases of conflict.
The Supreme Court has played a significant role in interpreting and enforcing federalism, frequently invoking constitutional provisions to determine when Congress has exceeded its powers and infringed upon state sovereignty. For example, in the case of Reno v. Condon, the Court upheld a federal law restricting the disclosure of personal information by state motor vehicle departments, demonstrating the interplay between federal and state regulations.
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State and federal conflict resolution
State and federal laws often regulate in the same area, and this can lead to conflict. The US Constitution forms the basis for federal law, and it establishes government power and responsibility. The Constitution grants the Supreme Court the power to judge whether federal, state, and local governments are acting within the law and even to decide if the president's actions are unconstitutional.
Historically, the Supreme Court applied a doctrine of "dual federalism," under which the federal government and the states were considered separate sovereigns, each preeminent in its own fields but lacking authority in the other's. However, in the 1940s, the Court began to develop modern standards for determining when preemption occurred, and since then, federal legislation has increasingly penetrated areas once regulated by the states.
In cases of explicit conflict between state and federal laws, the federal law prevails. For example, if a state law expressly permits something that federal law prohibits, no resident of that state can engage in the permitted action without risking federal prosecution. An example of this is marijuana legislation, where recreational marijuana use is legal in some states, but it remains a controlled substance under federal law.
The Supreme Court has also held that Congress may not "circumvent the prohibition on commandeering a state's regulatory processes by conscripting the State's officers directly." This means that while the federal government may not issue directives requiring states to address particular problems, state laws cannot violate citizens' rights enshrined in the US Constitution. If they do, the judiciary can overturn them for being unconstitutional.
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Frequently asked questions
If state and federal laws are in explicit conflict, federal law prevails. For example, if a state law permits something that federal law prohibits, federal law takes precedence.
Yes, if a state law affords a person more rights than federal law, the state law will prevail within that state. For example, if the federal law does not recognize same-sex marriage but a state allows it, the state law prevails as it grants its residents more civil rights.
The Supreme Court has the power to judge whether federal, state, and local governments are acting within the law and can deem a law unconstitutional.
